What is the test to determine whether a member of a class can opt out of Rule 23?
MultiRegion, United States of America
The following excerpt is from Bauman v. U.S. Dist. Court, 557 F.2d 650 (9th Cir. 1977):
12 The court in Wetzel v. Liberty Mutual Ins. Co., 508 F.2d 239 (3d Cir.), cert. denied, 421 U.S. 1011, 95 S.Ct. 2415, 44 L.Ed.2d 679 (1975), provided the following reasoning for its view that Rule 23 does not permit members of a (b) (2) class to opt out:
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